News Update

EU resolves to go ahead with digital tax if OECD fails to broker global consensusCOVID-19 & Digital Technologies eat up romance of 'OFFICE' & also sovereignty to levy taxes!Obituary: Shiva Kant Jha passionately fought judicial battles in public interestsCus - Onus rests with the Revenue to establish that valuation of imported goods was incorrect & it is not for the importer to prove otherwise: CESTATCX - Limitation period for filing refund application must strictly be followed - no relief can be allowed if assessee files refund claim after prescribed time period & the same is rejected on limitation: CESTATST - When an amount deposited loses the character of service tax, it can only be treated as a deposit - such amount merits adjustment u/r 6(3) and becomes liable for refund: CESTATLate filing fee u/s 234E cannot be levied where date of filing TDS statement & date of intimation are prior to date of introduction of Section 234E: ITATHigh Speed Rail Corporation opens bids covering 47% of Mumbai-Ahmedabad corridorOnce liability stands converted into share application money with consent of creditors, then same cannot be treated as cessation or remission of liability, either unilateral or bilateral: ITATIn case of unabated assessments, no addition can be framed u/s 153A unless it based on tangible material incriminating the assessee, found in course of search operations: ITATCOVID-19 - PM asks States to increase testing & ensure 100% RT-PCR testsTheory of extrapolation cannot be applied on mere theoretical or hypothetical basis in absence of any incriminating & corroborative evidence or material brought on record by the AO in this regard: ITAT871 formulations of essential medicines covered under price controlStatements of third parties per se do not qualify as incriminating evidence: ITATCus - Notification 5/2019-Cus dt. 16.02.2019 imposing duty of 200% on all goods originating in or exported from Islamic Republic of Pakistan was uploaded on the e-Gazette at 20:46:58 hours - power of re-assessment u/s 17(4) could not have been exercised for self-assessments made earlier in the day - Revenue appeals dismissed: SC LBGST - Bench cannot sit in appeal and postulate that decision of Council is not what they have unwaveringly held it to be: HCGST - Response of Union Minister to query cannot prevail over decision of Council and also cannot form basis for impugning decision of Council or notification notifying tax rate: HCBombay HC stops hearing as it’s pouringStartup ecosystem for rural & tribal entrepreneurs being developed: GovtRajya Sabha adjourned sine die; bids sayonara to 11 retiring Members from UP & Uttarakhand'Lost Decade' if austerity dominates winning policy space: UNCTADCBDT notifies New Form 15C to accommodate Insurer with banking companies for Sec 195(3) certificateThe Interest ConundrumSeizure of Cash made during investigation - Legality under GST?VAT - Assessee cannot be relegated to invoke appellate remedy, where writ remedy is sought in contest of a non-speaking order which suffers from arbitrariness: HCUDAN: Demand-driven Scheme for affordable air travel: PuriExpenses incurred by the company for holding a dealers' conference or towards sales promotion, cannot be considered for determining assessee's liability towards Fringe Benefit Tax u/s 115WB(2)(c): HCIndia not in position to accept Data Free Flow with Trust: GoyalCX - Revenue cannot refuse to accept surrender of assessee-company's registration certificate where no enforceable dues are recoverable from the assessee: HCMonsoon Session may wrap up today; CAG to table 29 reports in HouseAssessment u/s 153A can be resorted to only if any material incriminating the assessee is found during Search operation conducted u/s 132: ITATSales Tax - Tribunal upheld assessment order by considering a remand report only & without hearing the assessee - case remanded for passing fresh order: HCCouncils sets up to help MSMEs in resolving delayed payments: Sarangi
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[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
NEW DELHI

NOTIFICATION NO

68/2020-Central Tax, Dated: September 21, 2020

G.S.R. 573(E). - In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Government, on the recommendations of the Council, hereby waives the amount of late fee payable under section 47 of the said Act which is in excess of two hundred and fifty rupees, for the registered persons who fail to furnish the return in FORM GSTR-10 by the due date but furnishes the said return between the period from 22th day of September, 2020 to 31st day of December, 2020.".

[F. No. CBEC-20/06/08/2019-GST]

(Pramod Kumar)
Director

 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
NEW DELHI

NOTIFICATION NO

67/2020-Central Tax, Dated: September 21, 2020

G.S.R. 572(E). - In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), read with section 148 of the said Act, the Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 73/2017- Central Tax, dated the 29th December, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) vide number G.S.R. 1600(E), dated the 29th December, 2017, namely :-

In the said notification: -

(ii) after the second proviso, the following proviso shall be inserted, namely: -

"Provided also that late fee payable under section 47 of the said Act, shall stand waived which is in excess of two hundred and fifty rupees and shall stand fully waived where the total amount of central tax payable in the said return is nil, for the registered persons who failed to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to March, 2020 by the due date but furnishes the said return between the period from 22th day of September, 2020 to 31st day of October, 2020.".

[F. No. CBEC-20/06/08/2019-GST]

(Pramod Kumar)
Director

Note: The principal notification No. 73/2017- Central Tax, dated 29th December, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 1600(E), dated the 29th December, 2017 and was last amended vide notification number 77/2018 - Central Tax, dated the 31st December, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 1254(E), dated the 31st December, 2018.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
NEW DELHI

NOTIFICATION NO

66/2020-Central Tax, Dated: September 21, 2020

G.S.R. 571(E). - In exercise of the powers conferred by section 168A of the Central Goods and Services Tax Act, 2017 (12 of 2017), read with section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), and section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Government, on the recommendations of the Council, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2020-Central Tax, dated the 3rd April, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 235(E), dated the 3rd April, 2020, namely:-

In the said notification, in the first paragraph, in clause (i), after the first proviso, the following proviso shall be inserted, namely: -

"Provided further that where, any time limit for completion or compliance of any action, by any person, has been specified in, or prescribed or notified under sub-section (7) of section 31 of the said Act in respect of goods being sent or taken out of India on approval for sale or return, which falls during the period from the 20th day of March, 2020 to the 30th day of October, 2020, and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action, shall stand extended up to the 31st day of October, 2020.".

[F.No. CBEC-20/06/08/2019-GST]

(Pramod Kumar)
Director

Note: The principal notification No. 35/2020-Central Tax, dated the 3rd April, 2020 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 235(E), dated the 3rd April, 2020 and was last amended by notification No. 65/2020 - Central Tax, dated the 1st September, 2020, published in the Gazette of India, Extraordinary vide number G.S.R. 542(E), dated the 1st September, 2020.